Terms of Service

• “Bernode”, “we”, “us”, or “our” means the operator of the Bernode platform.
• “Studio”, “User”, or “you” means the creative professional, studio, agency, or organisation that opens a Bernode account.
• “Client” means an end customer, guest, or collaborator who accesses a Studio’s selection, revision gallery, collection, fileshare, or other client-facing room.
• “Content” means photos, videos, files, text, branding assets, watermarks, presets, and other materials uploaded or submitted to the Services.
• “Client Rooms” means selections, revision galleries, collections, fileshares, and similar delivery surfaces you publish for Clients.

Bernode provides tools for creative studios to organise work, manage clients, and deliver media — including (as available on your plan) selections, revisions, collections, fileshares, studio homepage / portfolio surfaces, watermarks, presets, CRM-style client records, team access, billing, and related features.

We may add, change, or discontinue features. Some capabilities require a paid plan or add-on. Feature availability is described in-product and on our pricing pages.

To use most Services you must register an account and provide accurate registration information (such as name, email, studio name, and billing details). You must keep that information current.

You are responsible for safeguarding login credentials and for all activity under your account, including actions by team members you invite. Notify us promptly at support@bernode.com if you suspect unauthorised access.

We may refuse, suspend, or terminate accounts that provide false information, abuse the Services, or pose security or legal risk.

You must use the Services in compliance with applicable laws (including Nigerian law and the privacy laws of places where you and your Clients are located). You agree not to upload, share, or facilitate Content that:

• Is unlawful, threatening, harassing, defamatory, fraudulent, or invasive of privacy
• Infringes copyright, trademark, publicity, or other rights of any party
• Contains malware, or attempts to disrupt or gain unauthorised access to systems or accounts
• Constitutes spam, unsolicited bulk messaging, or deceptive marketing
• Exploits minors or depicts illegal content

You may only access Bernode through our official interfaces and documented APIs. Scraping, reverse-engineering undocumented endpoints, or circumventing plan limits is prohibited.

We may remove Content or suspend accounts that violate these Terms. We are not obliged to monitor all Content, but we may investigate and cooperate with lawful requests.

You retain ownership of your Content. You grant Bernode a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and create technical derivatives of Content solely as needed to operate and improve the Services (for example thumbnails, previews, watermarks, and delivery downloads).

You represent that you have all rights necessary to upload Content and to grant this licence, including model/property releases and Client permissions where required.

We take reasonable steps to protect Content, but we do not guarantee that Clients or third parties will never copy, download, or redistribute media you choose to share. You are responsible for access settings (passwords, client-exclusive access, expiry, download permissions) appropriate to each Client Room.

You are responsible for maintaining your own backups of important Content. We are not liable for loss of Content except as required by law.

When you invite Clients into Client Rooms, you are responsible for the relationship with those Clients — including your own contracts, delivery timelines, image licences, refunds, and privacy notices to them.

Bernode provides the technology platform. We are not a party to contracts between you and your Clients, and we do not provide legal advice about model releases, copyright assignment, or Client disputes.

You may optionally publish your own studio privacy policy and terms for Clients via Bernode settings. Those studio policies are yours; they do not replace these Bernode Terms between you and us.

Plans include storage and feature limits described on our pricing pages (for example a free tier with included storage). You agree not to abuse the Services in ways that degrade platform performance for others.

We may throttle, require upgrades, or suspend accounts that engage in unusual bulk upload/download patterns, automated scraping, or storage/bandwidth use far beyond normal studio delivery for the subscribed plan. We will try to notify you before taking action where practical.

Paid plans and add-ons are billed as stated in-product and on pricing pages. Fees are generally denominated in Nigerian Naira (NGN) unless we state otherwise. Applicable taxes may be added where required.

Payments may be processed by third-party providers such as Paystack or Flutterwave. Their terms and privacy policies also apply to payment processing. We do not store full card numbers on Bernode servers when payments are handled by those providers.

Subscriptions renew automatically for the same term unless cancelled before renewal through your billing settings. Fees are generally non-refundable except where required by law or where we expressly agree otherwise.

If payment fails, is charged back, or remains past due, we may suspend or terminate access to paid features. Upon cancellation or termination, Content may become inaccessible after any grace period we provide; export what you need before closing an account.

We may change prices with reasonable notice for future billing periods. Continued use after the effective date constitutes acceptance of the new pricing for renewals.

The Services may integrate with or link to third parties (cloud storage imports, payment processors, email delivery, analytics if enabled, social login, and similar). Those services are governed by their own terms. Bernode is not responsible for third-party acts or omissions.

The Bernode name, logos, UI, software, and documentation are owned by us or our licensors. These Terms do not grant you rights to our trademarks or to copy our product, except the limited right to use the Services as permitted.

If you believe Content on Bernode infringes your copyright, email legal@bernode.com with: (a) identification of the work; (b) location of the allegedly infringing material; (c) your contact details; (d) a statement of good-faith belief that use is unauthorised; and (e) a statement under penalty of perjury that your notice is accurate and that you are the owner or authorised to act.

We may remove or disable access to material and, where appropriate, notify the account holder. Repeat infringers may lose access.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Temporary outages, maintenance windows, and third-party network issues may occur. You are responsible for verifying critical deliveries with Clients outside the platform when needed.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERNODE AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICES IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE FEES YOU PAID TO BERNODE FOR THE SERVICES IN THAT PERIOD (OR, IF YOU ARE ON A FREE PLAN, NGN 50,000).

Nothing in these Terms excludes liability that cannot be excluded under applicable law (including certain liability for fraud or personal injury).

You agree to defend and indemnify Bernode and its affiliates against claims, damages, and expenses (including reasonable legal fees) arising from your Content, your Client Rooms, your breach of these Terms, or your violation of law or third-party rights — except to the extent caused by our wilful misconduct.

We implement technical and organisational measures designed to protect the Services. No internet service is perfectly secure. You accept residual risk of unauthorised access despite reasonable safeguards, and you must configure Client Room privacy settings thoughtfully.

We may send transactional emails (security, billing, product notices). Marketing emails, if any, will include an unsubscribe option. When you email Clients through Bernode, you must comply with applicable anti-spam and marketing laws and only message people who expect to hear from your studio.

You may stop using the Services and close your account as provided in-product or by contacting support. We may suspend or terminate access for breach, non-payment, legal risk, or prolonged inactivity.

Upon termination, your licence to use the Services ends. Sections that by nature should survive (including intellectual property, disclaimers, liability limits, and indemnity) continue to apply.

These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict-of-law rules. Courts in Nigeria have exclusive jurisdiction, subject to any mandatory consumer protections that apply where you reside.

Before filing a claim, you agree to attempt good-faith resolution by contacting legal@bernode.com.

We may update these Terms from time to time. We will post the updated version with a new “Last updated” date and, for material changes, provide additional notice where appropriate. Continued use after the effective date constitutes acceptance.

Questions about these Terms: legal@bernode.com. Product support: support@bernode.com.

These Terms are a working product document. Have qualified counsel review them before relying on them for regulated or enterprise contracts.